Ag
Center Fact Sheet

EPA 305-F-01-014
August 2001

Agrichemicals
WPS - Central Posting When the Treated Area Has Moved

FOCUS ONQ&A's on Posting When the Treated
Plant or Soil Has Been Sold or Moved

The Agricultural Worker Protection Standard (WPS) is a
regulation issued by the U.S. Environmental Protection Agency in
1992 and amended in 1995. It covers pesticides that are used in the
production of agricultural plants on farms, forests, nurseries, and
greenhouses. The WPS requires you to take steps to reduce the risk
of pesticide-related illness and injury if you (1) use such
pesticides, or (2) employ workers or pesticide handlers who are
exposed to such pesticides.

This fact sheet will help you understand how to comply with
WPS requirements for displaying information about pesticide
applications. These questions were submitted to the Agency by people
seeking clarification on this part of the regulation, and have been
answered by EPA’s Office of Compliance.

The WPS requires posting of information on pesticide
applications at a central location for at least 30 days after the
expiration of the restricted entry interval (REI) (or, if there is
no REI, for at least 30 days after the end of the application), or
until workers are no longer on the establishment, whichever is
earlier. [40 CFR §§170.122 and 170.222].

If treated soil is sold (in the pots with the crop) and is
moved off the agricultural establishment, and is no longer under the
control of the agricultural employer, does the application list have
to remain posted at the agricultural establishment where pesticide
treatment occurred?

Yes. The application list must be displayed for at least 30 days
after the expiration of the REI (or, if there is no REI, for at
least 30 days after the end of the application), or until workers
are no longer on the establishment, whichever is earlier. It is
acceptable to note on the list that the treated area (treated
plants/soil) is no longer on the agricultural establishment.

If a crop is harvested and sold and the remaining stubble is
plowed under, does the application list at the central location
still have to contain a listing of applications to that crop? What
if another crop is planted in that area within a 30-day period?

Yes. The list of applications posted at the central location
would have to be displayed for at least 30 days after the end of the
restricted-entry interval (or, if there is no restricted-entry
interval, for at least 30 days after the end of the application) or
at least until workers are no longer on the establishment. If
another crop is planted within the 30-day period, the list of
applications to the previous crop, and any information on pesticide
application to the new crop, would still have to be displayed.

Potting soil/plants may be treated with a pesticide in one
location and then be moved either during the REI period or during
the 30 days after the end of the REI. If they are moved, does the
central posting information have to be updated to reflect the
current location?

To meet the requirement of the regulations, the central posting
information must remain reasonably accurate during the 30 days after
the REI, or if none, for 30 days after the application, so that a
worker will be able to determine which pesticides may be present in
areas he will enter.

Meeting this performance standard can be accomplished in a
number of ways, including:

Updating the information.

Providing the initial information in such a way that it
addresses any likely changes to the location of the treated area
(the pots).

Referring in the posting to markings or to other identifiers
on/with the pots that remain with them as they move, in addition
to providing the initial location of the pesticide application.

Providing the information in some other systematic manner that
the employer chooses to use to assure that the information
remains reasonably accurate.

This list of examples is not exhaustive.

For more information

To get more facts about compliance, contact the Ag Center by phone, fax,
or mail. Call the toll-free number to ask compliance questions or
order publications. At the Ag Center's Web site you can explore compliance information and order or download
publications. For a complete publications list, request document
10001, "Ag Center
Publications."

The Ag Center welcomes comments on this document and its other services.